To my children, Clare, Maura, and Phil, I say thank you for so graciously allowing me to bring Gandhi home to dinner every night as you were growing up. Had he been present in body as well as spirit, I think he would have enjoyed discussing the law, politics, and morality with you as much as I did.
To my good fortune and with one exception, there are many other family members and friends who are truly too numerous to thank individually. The exception is Kathleen Kennedy.
She is the best in-house editor a spouse could have—sharp eyes and a warm, generous, and caring spirit. This book is hers as much as it is mine.
INDEX
Abdulla, Cassim, 75–77, 285n19
Abdulla, Dada, 29, 36–48, 77, 155; character reference from, 56; and Escombe, 54; farewell party for Gandhi, 48; and Gandhi as “white elephant,” 38–39, 48; as Gandhi’s client, 61–62, 66, 284nn47–48; strong backer of Gandhi, 52
Abdulla v. Mohamed, 39, 41–47, 155; and accounts, 39, 41–42, 281n10; and arbitration, 42, 44–47, 281n12; award paid in installments, 46–47, 281n18; documents seized, 44–45, 47; facts of case, 45–46; Gandhi’s reflections on, 45–47
Academy of Change (Egypt), xxviii
acquittals: and resistance to registration, 194, 201–2, 234–35, 245, 250, 252, 305n19; and Sorabji case, 234–35, 305n19
Adam, Abdulla Hajee, 44
Adam, Ismail Hajee, 72, 285nn9–11
Adam, Moosa Hajee, 56, 114–16
Adams, James Matthew, 85–93, 286nn4–5, 287n12
Adams case, 85–94, 286nn4–7, 287n12, 287nn16–17; rupees and pounds, 86, 91–92; and trust, 91
adoption, 18
adversary system, xv–xvi, 258, 260; and adversarial speech, 26
advocates, 54–55, 59, 283n25, 307n56; and criminal prosecutions, 177; and dual practice, 55, 59, 162; Leonard as, 166; licenses for, 54, 282n19; and “right of audience,” 162; in Transvaal, 161–62, 166. See also barristers
affidavits, 153, 224; and Adams case, 87–88; and Gandhi’s admission to bar, 56–57
African Americans, xvii, 154
Africans. See native Africans
Afrikaners, 146–150, 157, 159–160, 164. See also Boers
agricultural lands: in India, 24; in Natal, 31–35, 37–38, 51, 106
Ahmedabad Ashram, xi, xxiii, 297n54
Alam, Mir, 220
Alexander, Jane, 100, 288n17
Alexander, Richard, 81–83, 100–101, 288n17
Allahabad, 97
Allinson, Thomas R., 21
Ally, H. O., 188–89, 198–99, 308n16
Amod, Dawjee, 307n55
anarchism, 255
Anderson, Hugh, 112
Anthony, Susan B., xvii
anti-Indian law (Transvaal), 129–130, 139, 293n22; and Asiatic Department, xv, 160–61, 164–65, 175, 261; and Asiatic Trading Commission, 167–170; and Bazaar Notice (Government Notice 356), 160, 167; IRA (Immigration Restriction Act), 203, 206–7, 224, 232–33, 289n13; Law 3 (1885), 148–158, 160, 166–173, 293n22. See also Asiatic Act
anti-Indian legislation (Natal), 104–26, 285n7; IRA (Immigration Restriction Act), 105–6, 112–13; litigation against, 112–126; losing battle against, 126–28, 131, 135, 178, 292n29, 293n22; petitions against, 107–10, 119, 126, 289n13; Quarantine Act, 105–6, 113; as “un-British,” 109, 111, 118–19, 289n13; Uncovenanted Indians Act, 105–6, 109, 113. See also DLA (Dealers’ Licenses Act)
anti-Indian mob, 97–103; and beating of Gandhi, 100–102, 288n16; concessions to, 116; fears about plague, 97–98; Gandhi’s refusal to prosecute, 101–3, 288n17
April 6 Movement, xxviii
Arab Spring, xviii, xxvii–xxviii
arbitration: and Abdulla v. Mohamed, 42, 44–47, 281n12; and Camrooden partnership case, 132–33; and Law 3 (1885), 150–53, 294n13; in Natal, 127, 132–33; in Transvaal, 42, 44–47, 150, 281n12
architects, European, 128
Arnold, Edwin, Sir, 13
Arookian, 69–70, 75, 285n4
arranged marriage, 2–3, 5
arrests: of Baker, 44, 47; of Christian Indians, 81–82; of Gandhi, xxiii–xxiv, 47, 201, 203–4, 209, 212, 214, 246–47, 255; of Gandhi, Harilal, 243; of Gandhi’s assailants, 220; of Gani, 184; of indentured Indians, 105–6; in India, xxiii–xxiv; of Indian workers, 74–75; in Natal, 60, 74–75, 81–82; of Ramsundar, 191; of Ratanshi Sodha, 262; and resistance to registration, 189, 191, 201–4, 209, 212–14, 221, 229, 233–35, 237, 244, 246–47, 251, 255, 305n16; and Salt Campaign, xxiii–xxiv; and Sorabji case, 233–35, 305n16; and tramcars, 184; wrongful arrests, 105–6
artisans, 97, 130
Asiatic Act (Asiatic Law Amendment Ordinance), 186–248; arbitrary administration of, 238–39; and border-crossing resistance, 242–46, 261, 306n45, 306n48, 307n55; and burning of registration certificates, 229–233, 305nn12–13; and children, 261; and compromise, 199, 211–12, 223, 233, 238; and deportation, 190, 203, 207–11, 213–14, 301n22; as derogatory to manhood, 208, 212, 231, 301n32; and educated Indians, 219, 230, 232, 234–36; and Empire Theatre meeting, 186–190; enforcement of, 199–215; and fingerprinting, 186, 206, 210–11, 219–220, 229, 238–240, 246–47, 299n23; and Gandhi’s London trip (1906), 180, 198, 298n17, 300n2; and Gandhi’s pledge to defend resisters, 200–203, 301n16, 301n19; and immigration ban, 230, 232; and Indian pickets, 251–52; and intimidation by countrymen, 210–11; and jail-going resolutions/pledges, 189–190, 200, 202, 212; and jailings, 186–87, 189–191, 194–96, 200–202, 208, 212, 214–18, 221–22, 224, 227–29, 232, 235–243, 249–251, 254–55, 261–62, 302n1, 305n26, 309n41; letters concerning, 217–19, 221, 224–25, 302nn3–4, 303n5; and list of exempt Indians, 238–240; as offensive to religion, 193, 206, 208–11, 299n40, 301n32, 301n40; petitions against, 224–25, 229, 304n35; and property owners, 219; and Ramsundar case, 191–96, 299n33, 299n40; and registration deadlines, 234–35; and registration period, 199, 207, 228–29; repeal of, 212, 217–19, 221–25, 230–32, 302n4, 303n5, 303n10, 303n12; and resistance as religious struggle, 193, 206, 208–11, 231, 251, 299n40, 301n32, 301n40; and return of application papers, 223–25, 229, 249, 303nn35–36; and right of return, 305n10; and settlement, 216–223, 225–26, 230; and Sorabji case, 233–35; and supplemental registration, 230; suspension of, 212, 217; and trading without licenses cases, 237–242, 252–53, 305nn25–26, 306nn33–34, 308n6; and Validation Act, 230–31; and voluntary registration, 199, 212, 217, 219, 221, 223–25, 229–230, 233, 254, 259
“Asiatic question,” 96, 105, 207, 211
Askew, Oswald, 65, 79
assault, 28, 61, 72, 77
Aswat, Ebrahim Ismail, 224–25
Attenborough, Richard, 1
attorneys, 53–55, 59, 283n25; and dual practice, 55, 59, 162; Gandhi as, 162, 300n9; instructing attorneys, 166, 171–72, 300n9; Polak as, 221; in Transvaal, 161–62, 166, 171–72, 300n9. See also solicitors; names of attorneys
auctioneers, 72, 285nn9–11
automobiles, 134
Bacon, Francis, 216
bail, 191; for Baker, 44; for Dundee Indians, 112–13; for Gandhi, 247, 254
Baker, Albert Weir, 42–45, 47, 55, 99, 281n14
Balasundaram, 63–67, 79, 112, 292n17
Bale, Henry, 68, 76, 107, 135
Ball, William, 7, 10
bankruptcy, 46, 60, 73, 135; of Cachalia, 253; death preferred to, 46; and Lucas’ Trustee v. Ismail and Amod, 166–67; and resistance to registration, 221, 253–54, 308n10; and Scheurmann, 66
bar, 5–7; admission to in Natal, 52, 54–61, 70, 282n18, 283nn20–22, 283n27, 283n31, 284n40; admission to in Transvaal, 43, 156, 161–63, 171–72, 221, 303n22; and apprenticeships, 7, 11, 16, 18, 278n31; being called to bar, 5, 7–8, 11–12, 17, 26, 52, 56, 128, 162, 276n6; elitist traditions of, 5–7; European, 39, 48, 54; examinations for, 5, 7–11, 13, 15–16, 55, 59, 221, 277nn23–24, 277n29; in India, 18; joint bar for attorneys/advocates, 54–55; and partnerships, 52–54; women excluded from, 276n6, 284n40
Barker, Ernest, Sir, 309n24
&
nbsp; barristers: and apprenticeships, 7, 11, 16, 18, 278n31; encouraged by Gandhi to immigrate, 84, 101, 139, 144; fees of, 23, 28–29, 54, 61, 133, 279n18; Gandhi as, xiv–xv, 3, 12, 16–20, 24–25, 27–29, 36, 38, 50, 52–55, 64, 94, 96, 283n20, 307n56; in India, 22–25, 27–29, 84, 101, 139, 144, 279n18, 279n20; Indian, 24, 37, 53–55, 64, 94, 96, 101, 283n20; and Inns of Court, 5–6, 8, 11, 50; Khan as, 128; in Natal, 36–38, 52–56, 60, 64, 94, 283n20; privileged status of, 12; in South Africa, xiv–xv, 29–30; in Transvaal, 42, 162, 183–84; unseemly to perform translation work, 80
baskets, 237
Bawazeer and Others, Rex v., 238
beatings, xxv; of Balasundaram, 63, 65; of Gandhi, xv, 40–41, 43, 99–102, 220–21, 288n16, 303n19; threats of, 77
Becharji Swami, 4
Bechuanaland, 147
Bedat v. Akoom, 79–80
Bennett, Thomas, 75–76
Besant, Annie, 13, 278n35, 278n37
Bhagavad Gita, 13, 178–79
Bhavnagar, 2
BIA (British Indian Association), 184, 188, 298n7, 298n17; and “on advice of counsel” defense, 201–2; and Aswat, 224; and border-crossing resistance, 244; and burning of registration certificates, 230–31; Gandhi’s role in, 205; and trading without licenses, 253, 305n25
Bible, 216
Birdwood, George, Sir, 49
birth control, 21
black flags, 214
Blavatsky, Helena Petrovna, 12–13, 278n36
Bloemfontein Award, 154
Boers, xiii, 111, 128, 130, 139, 146. See also Afrikaners
Boer War, 130–33, 139, 147–48, 157, 160, 291n12; and Camrooden partnership case, 129; and Indian Ambulance Corps, 130–31, 133, 197; Indian loyalty to Britain during, 130–31, 197; and Smuts, 218
Bombay, xx, 3–4, 47, 143; and Adams case, 85–92, 286n5; Aga Khan building, 143; Gandhi’s 1896 visit to, 95–96, 103; Gandhi’s departure from, 35; Gandhi’s home in, 144; Gandhi’s law practice in, 18–19, 22–26, 52, 55, 138, 141–45; High Court, 18–19, 22–23, 55–56, 143, 162; high school teaching position in, 26; Small Cause Court, 19–20, 279n8
Bombay University matriculation exam, 2, 8
bookkeeping, 39; and DLA, 106, 113, 116, 290n50; required to be in English, 106, 113, 118, 121, 123, 290n50
border-crossing resistance, 242–46, 306n45, 306n48, 307n55; and Rambhabai, 261
boycotts, xxiv
bribery, 164–65, 178
Brice, Seward, 166
Brighton, 10
Britain: and common law, 8, 10, 58–59, 262, 277n24, 283n36; and fair play, xiii, xxi, 60, 107, 172, 289n13; High Court, 17; House of Commons, xxiii; Parliament, 62; Union Jack, 189, 195, 231; and upper-class mores, 12. See also entries beginning with British colonial government
British colonial government, xiii, xix–xx; and Boer War, 129–133, 139, 147–48, 157, 160, 180, 291n12; Colonial Office, 32, 34, 108–10, 147, 255; and Hind Swaraj, 256; Imperial Conference, 209; Privy Council Judicial Committee, 117, 126, 291n2; Protector of Immigrants, 63–65, 73–74; Queen’s Counsel, 57; Queen’s Proclamation (1858), 111; secretary of state for colonies, 50–51, 78, 84, 101, 108–12, 123–24, 139, 144, 147, 152, 167, 199; undersecretary of state for colonies, 198; and Union of South Africa, 255. See also entries beginning with British colonial government; names of British officials
British colonial government (India), xix–xxv, 11, 18, 22, 24, 28–29
British colonial government (Natal): and anti-Indian legislation, 108–12, 117–19, 123–24, 126, 291n2; and indentured Indians, 31–34; and Indian Ambulance Corps, 130; and Indian franchise, 50–51; and legal system, 58–59; and responsible government model, 32–34, 105, 280n3; and rickshaws, 135; and Zulu Rebellion, 180, 193
British colonial government (Transvaal), 43, 129–130, 139, 146–47, 293n22; and Asiatic Act, 186–248; and Asiatic Department, xv, 160–61, 164–65, 175, 261; and Asiatic Trading Commission, 167–170; and Law 3 (1885), 148–158, 160, 164, 167, 173, 293n22; Registrar of Asiastics, xv, 192, 219, 251–54; and resistance to registration, 186–89, 194–95, 197–98, 206, 231, 242–44, 246, 251–52, 306n51; and responsible government model, 198, 300n1
British Indian Association. See BIA
British Indians, xxi, 73, 111, 151, 170, 186, 203, 254
Britton, Burnett, 282n12
Brougham, Lord, 177, 297n63
Brown, Judith, xxiii, xxvi
“brown skin,” 235
Buddhism, 309n30
Budree, 174, 297nn53–54
Burma, 141
Burns, Robert, 216
Cachalia, Adam Mahomed, 253, 308n10
Cadir, Abdul, 123
Cairo (Egypt), xxviii
Calcutta, 139–140; High Court, 22
Caliphate movement (1920s), xxii
Cambridge, 218
Camroodeen, In Re Regina v., 76–77
Camroodeen, Mohamed, 77
Camrooden and Company, 129, 132–33, 135, 188; dunning of, 141
Camrooden partnership case, 129, 132–33, 135; and curator bonis (guardian of property), 129; dissolution of, 129, 133, 135
Cape Colony, 31–32, 59, 129, 146–47, 255; Rhodes as prime minister of, 147
Cape of Good Hope, 32, 58; Colonial Office, 32, 34
Cape Times, 153, 218
Cape Town, 230, 265
capitalism: and India, 24; and Natal, 32–33
Carlyle, Thomas, 216
Cartwright, Albert, 217–18, 222, 235, 302n3
Cassim Abdulla v. Bennett, 75–77, 285n19
castes, 4–5, 50; elections held in, 50; Gandhi as outcast, 4–5
celibacy, 180, 200
Central South African Railway, 203
certificates: for admission to bar, 55–57, 283n22; of admission to Inner Temple, 55–57, 162, 283n22; and border-crossing resistance, 243–46; burning of, 229–233, 305nn12–13; of good character, 55–56, 233–34; from Natal Supreme Court, 161–62; original certificates, 55–57; proof of good standing, 161–62; registration certificates, 186, 189, 191, 204, 206, 210, 229–233, 243–46. See also licenses; permits
Chamberlain, Joseph: and anti-Indian legislation, 108–12, 123–24, 139, 154–55; and beating of Gandhi, 101–2; and Boer War, 147–48; and Indian franchise, 84; visit to South Africa, 144, 159, 161, 165
Chamney, Montfort, xv, 192, 219–220, 222–23, 225; and Krugersdorp case, 260; and Sorabji case, 233–35
Charlestown, 39–40, 75
Chinese, 32, 147, 165; and DLA, 114; and resistance to registration, 204, 209–11, 217, 230, 301n26
Chinese Association, 209
Chotabhai, A. E., 261
Chotabhai, Mahomed, 261–62
Christians: being faithful to gospel, xvi–xvii; and Christ, 173; Christian Indians, 81–83; encouraging Gandhi to convert, 43–44; and Hind Swaraj, 258, 309n30; in Pretoria, 43–44; and resistance to registration, 204
Churchill, Winston, 198
civil disobedience, xii–xviii, xxii–xxviii, 1, 266–67; advancing debate, xvii, 242–44, 246, 252, 305n28; berating in court for, 80; and border-crossing resistance, 242–48, 307n55; burning of registration certificates, 229–233, 305nn12–13; and “conscientious objection,” 303n24; experimenting with, 190–96, 250–54; failure of during World War II, xxvi; in India, xxii–xxv, xxii–xxvii; and Indian workers in Natal, 74–75; and jail-going resolutions/pledges, 189–190, 200, 202; and location restrictions, 169–172, 176; narrow analytic framework for, 205; and resistance to registration, 180, 189–190, 205, 216–17, 227–28, 230–38, 240–48, 250–54; as route to success, 190–91; and Salt Campaign, xxii–xxvi, 276n11; and Sorabji case, 233–38, 243, 246, 250, 257; and trading without licenses cases, 237–242, 252–54, 305nn25–26, 306nn33–34, 308n6, 308n10; and tramcars, 182, 185, 228
civil liberties in India, xxii, xxiv–xxv
civil rights, Indian, xiii–xv, 139, 262; and Boer War, 130; in Natal, 75–77, 80, 84, 94, 126, 128, 130, 133; in Transvaal, 161
civil rights lawyers, 164, 187
; class, social: and Asiatic Act, 211; and discrimination, 153–54, 294nn27–28; in Transvaal, 153–54, 211, 294nn27–28
Classification and Uses of Finger Prints (Henry), 186
closing arguments: and Adams case, 90–91; and adversarial speech, 26; and Arookian case, 69; and resistance to registration, 206; and trading without licenses cases, 239
Clyde, SS, 1, 4–5, 13–14, 20, 276n1
Coakes, Percy Evans, 52–54, 60–62, 282n13; and DLA, 289n27; ethical troubles of, 60, 67–68, 70–71, 93–94; father of, 68, 284n2; money-lending practices of, 60, 68, 285n4; negotiating with, 53–54, 61, 222; as notary, 284n1; partnership with Gandhi, 52–54, 60–62, 64, 67–68, 284nn47–48; resumption of practice, 79
coal, 73–74
coercion, 252–53, 308n6
coffee, 32
Coke, Lord, 8
The Collected Works of Mahatma Gandhi, 45, 108, 127
common law: Inner Temple focused on, 8, 10; and Rambhabai, 262; and Roman-Dutch law tradition, 58–59, 277n24, 283n36
complaint: and Balasundaram, 63–64; and Indian law, 18; and Indian workers, 74; petition much like, 49; and tramcars, 182–83
compromise, 132, 171, 266; and Asiatic Act, 199, 211–12, 223, 233
confidence, xiv–xv; and Abdulla case, 46–47; and Bombay law practice, 141–43; and Indian franchise, 49; and Mamibai case, 19; and negotiations, 53; and partnership with Coakes, 53; and petitions, 49; and public speaking, 96; and Transvaal law practice, 161
conflicts of interest, 79–80
conscience: acting in concert with, xvi–xvii, xviii, 231; and Natal, 36, 50, 67–68; passive resistance based on, xxi; and Sorabji case, 236; and Transvaal, 231, 236, 247, 252, 254
consent of governed, xviii, xxv, xxvii, 246, 252; and resistance to registration, 227–28, 242–43, 275n6
contracts, 55, 135, 166, 174, 190
conversion, 43–44; of Christian Indians, 81–82
conveyances, 7, 16, 127
convicts, 32
“coolies,” 148–49, 156
Coovadia, Ebrahim Saleji, 182–84, 187, 298n7, 298n14
corruption: in Asiatic Permit Office, 164–65, 175–76, 249, 296n22; in Indian legal system, 27, 29
cotton, 32
M.K. Gandhi, Attorney at Law Page 44